Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698943482867.pdf (Uganda)
\ a t ( T}IE, REFi'SId OF UGANDA "IilE P,ENAL CODE (AMENDMEnTT) STATUTE, t9{if,.

p o 8ox 7 ,8, LI Y I t * A CC No ,vo 2 7 DEC ?.0 I * -l- -*.

!l ,fa THE iE UBUC OT UGANDA I I Hrnrsy signify my aseent to the Statute.

President.

tL 9.q Date ol ,llssent T]W (q &+ t t t Strtute PenqlCode (Amendment) Sututc lgtl TI{E REPUBtrc OT UGANDA TI|E PENAT CODE (AMENDMENT), STATUTE, [N. Br rt BNAcTED by the President and the National Resist- : : ance Council as foJlgys: DerE or AssrNr:.
Date ol Cotnmenc.eme:nt The Penal Code Act is hereby amend$ as followg, CE\ t$.

(r) by substituting for sections 257, 258, 258A.

and 259 the following sections, '"Emb€td.- 257.
Any person who, being, .mcot (a) an employep, se"rvant or officer of ' the Government cir public body; director, oflicer or employee of a ,(b) ^ ,coryp4ny ar corpo,ratio,n; ,(c) t clerk or servant employed by any ,person, ^association or a religious or other organisation; or ,(d) a member of an association, religious or other onganisation, steals any chattel, money or valuable security, being the property of his employer, master, associatio,n, religious o,r other organisation, received or taken into possession by him, for or on account of his employer, master, associa- tion, religious or o'ther crganisation or by virtue ,,of hisoffiie, Statute PenalCode (Amendment) Statute 1987 Causing financial lots.
Act 16 of 1969 Decree 19 of 1978.

Act 8 of 1970 Compesation.

shall be guilty of the offence of embezzlement and shall, on conviction, be sentenced to a term of imprisonment of not less than three years and not more than fo,urteen years.

258.
(l) Any person employed by the Government, a bank, a credit institution, an insurance company or public body, who in the performance of his duties, does an act or omits to do any act knowing or having reason to be- lieve that such act or omission will cause financial loss to the Government, bank, credit institution, insurance company, public body, or customer of a bank or credit institution shall be guilty of the offence of causing financial loss and shall be liable on conviction to a term of imprisonment of not less than three years and not more than fourteen years.
(2) In this section, "bank" and "qredit institution" have the mean- ing assignefl to them by the Banking Act, 1969; "insurance co{:npany" has the meaning assigned to it by the Insurance Decree, 1978; and "public body" has the meaning assigned to it by section 29 of the Prevention of Comrp- tion Act, 1970.

259.
259.

Where a person is convicted under the provisions of sections 257 and 258 the court shall, in addition to the punishment provided therein, onder such person to pay by way of compensation to the aggrieved party, such sum as in the opinion of the court is just, having regard to the loss suffered by the aggrieved party and such order shall be deemed to be a decree under section 25 of the Civil Procedure Act, and shall be executed in the rnnner provided under section 39 thereof."
(b) in section 30lA by substituting for subsection (4) thereof, the following new subsection, "(4) An authorised officer shall not I Stafute Penal Code (Amendment) Statute 1987 permit the exportation or importation of any goods in contravention of this section but shall in each case detain the goods being so exported o,r imported until he is satisfied that the approp- riate licence has been obtained or any condition of such licence has been obtained or fulfilled, and any officer who fails to comply with this subsection commits an offence and shall, on conviction, be sentenced to imprisonment of not less than three years and not more than fourteen years and shall in addition pay a fine of not more than five million shillings and in default thereof shall be sentenced to a further term of imprisonment of not more than two years"; (4 bV substituting for section 3018 thereof, the following, "smuggling.
3018.
(1) Any p€rson rvho exports or imports any goods from or into Uganda, I , (a) in contnavention of section 301A; (D) in such manner that the goods are, (i) concealed in any way; (ii) packed in any package (whether or not with other goods) in a manncr calcu- lated to deceive anv autho- rised officer; (iii) contained in any package of which the entry or applic- ation for carriage out of or within Uganda does with such ffio::rresPond (c) in any manner by which he evades the control of customs over such exportation or importation, as the case may be, commits the offence of smuggling and shall, on conviction, be sentenced to a term of imprison- ment of not less than three years and not more than fourteen years and shall in addition pay Shtute Pennl Code ( Amendment) Statute 1987 a fine of not more than five million shillings and in default thereof, shall be sentenced to a further term of imprisonment of not more than two years.
(2) Notwithstanding the provisions of subsection (1) hereof where in the course of committing the offence of smuggling an offender is armed with, uses or threatens to use a deadly weapon, causes death or grievous harm to any persoii or' authorised oflficer, such oflender and a.ny other person jointly concerned in commit- ting such offence of smuggling shall, on convic- tion by the High Court, be sentenced to death.
In this subsection "deadly weapon" includes any instrument made or adapted for strooting, stabbing or cutting and any instrument which, when used for offensive purposes, is likely to cause death.
(3) Where a court convicts a person for smuggling under this section, such couft shall, in addition to the penalty prescribed under that subsection, order the goods found to have been srnuggled to be forfeited to the Government, as well as the vessel, vehicle or aircraft if any, used in the commission of the offence, where sr-rcl: vessel, vehicle or aircraft belongs to the oflender or the owner thereof, was privy to the offence: irrovided that a bona fide cr:cditor oi the aocused person in respect of goods-or vessel, vehicle o.r aii'craft for{eited unC-er this section rnay, upon proof to the Minister responsible hiu interest in the said goods, for- financu vessel, vehicle or aircraft be paid such part of the proceeds as the aforesaid Minister may deem fit.
-of (4) For the avoidance of doubt, the pay- rnent by the h{inister responsible for finance under the proviso to subsection (3), shall be a r".ood discharge of the accused to his creditor It the extent"onlv of the actrlal amount so paid without pre.iudice to any further obligations outstanding."

I $|afute PenalCode (Amendment) Statute l9t7 'Attrnpting no "-.,ggle.

(d) by substituting for s€ction 30lD thereof, thc following, 301D.
(1) Any person who transPorts any goods to a place within Uganda in such manner, towards such direction and in such quantity as to appear to be transporting such goods to a place outside Uganda in contravention of section 30lA shall be presumed to be attempt- ing to smuggle.
(2) When a vessel, vehicle aircraft, or other means of conveying, or carrying transit goods in Uganda, (a) diverts, without reasonable cause, from its normal route; or (b) off-loads the goods; or (c) loads other goods which were not in transit, the owner or the p€rson in charge of such vessel, vehicle, aircraft or other means of conveying shall be presumed to be attempting to smuggle.
(3) Any person convicted of the offence in this section, shall be liable to the same penalties as are prescribed in section 3018.".

2.

Notwithstanding the substitution of sections 257, 258, 258A and 259 any proceedings pending before any coult of law immediately before the commencement of this Statute shall continue to be heard and be concluded by the said court as if those sections were still in force.
I a t THE REruBLE OF i.|CANDA Tms Pnrurro impression has been carefully compared by me with the Bill which has been passed by the National Resistance Council and found by me to be a true copy of the Bill.

Signed Clerk to the National Assembly.

.,H{... 1 / Date of Q